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HomeMy WebLinkAbout08-5648. to,& LOWELL R. GATES, Plaintiff, VS. JOHN M. PERZEL, AND MICHAEL A. KARP, AND ATX COMMUNICATIONS, INC. Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. N- s-1 ui PWI Ll TWm JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS To the Prothonotary, Cumberland County Court of Common Pleas Please issue a writ of summons to the defendants in the above-captioned action at the following addresses: Michael A. Karp 646 Dayton Road Bryn Mawr, PA 19010-3802 John M. Perzel 8140 Verree Road Philadelphia, PA 19136-3828 Respectfully submitted, ATX Communications, Inc. c/o National Registered Agents Inc. 600 N 2nd St Harrisburg PA 17101 Sarah E. McCarroll, Esq. Attorney I.D. #91102 Gates, Halbruner & Hatch, P.C. 1013 Mumma Road, Suite 100 Lemoyne PA 17043 (717) 731-9600 Attorneys for Plaintiff GATES, HALBRUNER & HATCH, P.C. / f k V LOWELL R. GATES, Plaintiff, VS. JOHN M. PERZEL, AND MICHAEL A. KARP, AND ATX COMMUNICATIONS, INC. Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. dj- Q 4 /.liVl 1 72 rrrl JURY TRIAL DEMANDED WRIT OF SUMMONS To: John M. Perzel 8140 Verree Road Philadelphia, PA 19136-3828 ATX Communications, Inc. c/o National Registered Agents Inc. 600 N 2nd St Harrisburg PA 17101 Michael A. Karp 646 Dayton Road Bryn Mawr, PA 19010-3802 You are hereby notified that the above-named Plaintiff has commenced an action against you. Prothonotary d bZ6 Date: ?? ? ° Y i? €.. - "C7 ..?? N 7 4?'C. ...? =: `~aC -t, ?.. 1? ? ? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-05648 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GATES LOWELL R VS PERZEL JOHN M ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT PERZEL JOHN M to wit: but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA serve the within WRIT OF SUMMONS County, Pennsylvania, to On October 14th , 2008 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: So answe Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Phila County 116.00 Sheriff of Cumberland County Postage 1.52 154.52 ? ?o??G /o P 10/14/2008 GATES HALBRUNER HATCH Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-05648 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GATES LOWELL R VS PERZEL JOHN M ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT TlT 71 Tl 7LRT!"TTT TAT T to wit: but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of MONTGOMERY serve the within WRIT OF SUMMONS County, Pennsylvania, to On October 14th , 2008 , this office was in receipt of the attached return from MONTGOMERY Sheriff's Costs: So answers ' -.- Docketing 6.00 Out of County 9.00 w Surcharge 10.00 R. Thomas Kline Dep Montgomery Co 33.00 Sheriff of Cumberland County Postage .76 58.76 /p/14/or ?. 10/14/2008 GATES HALBRUNER HATCH Sworn and subscribe to before me this day of , A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-05648 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GATES LOWELL R VS PERZEL JOHN M ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT - !1 AflTRTTKTT/1TTTCITTC1 TTT(l to wit: but was unable to locate Them deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS On October 14th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers: l> Docketing 6.00 Out of County 9.00 Surcharge 10.00 R .Thomas Kline Dep Dauphin County 41.25 Sheriff of Cumberland County Postage .76 67.01 ? io?rLlpf ?,, 10/14/2008 GATES HALBRUNER HATCH Sworn and subscribe to before me this day of County, Pennsylvania, to in his bailiwick. He therefore A. D. c 4 In The Court of Common Pleas of Cumberland County, Pennsylvania Lowell R. Gates VS. John M. Perzel et al SERVE: John M. Perzel No, 08-5648 civil Now, Septenber 25, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ?j Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, A) -?-- , 20-!?K at j? r o3 o'clock F'M. served the within upon s? <;<-e at o r\ by handing to V' o? µ a and made known to Sworn and subscribe before me this ?" day of , 20 ?. _ copy of the original the contents thereof. So answers, N l,j,3S County, PA COSTS SERVICE MILEAGE NOTARIAL SEAL MELISSA H. KAPLAN, Notary Public City of Philadelphia, Phila. County M Ammissinn E mires Marsh 29,291 $ Oho t ?o'-???1 In The Court of Common Pleas of Cumberland County, Pennsylvania Lowell R. Gates vs. John M. Perzel et al 08-5648 civil SERVE: Michael Karp No. Now, September 25, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Montganery deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within upon at by handing to a and made known to copy of the original the contents thereof. © - 7:-CO'56 0630 11Q1 So answers, i Sheriff of Sworn and subscribed before me this day of , 20 20 , at o'clock M. served the County to execute this Writ, this Ld30 County DNS AiNno^ , COSTS 38 SERVICE 130 90 MILEAGE AFFIDAVIT In The Court of Common Pleas of Cumberland County, Pennsylvania Lowell R. Gates vs. John M. Perzel et al SERVE: ATX Conrunications Inc No. 08-5648 civil Now, September 25, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, 20 , at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of COSTS Sworn and subscribed before SERVICE $ me this day of , 20 MILEAGE AFFIDAVIT County, PA fi of the c Lwrfr Ma%Estate Jane Snyder Charles E. Sheaffer Chief Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin LOWELL R GATES VS ATX COMMUNICATIONS INC. Sheriffs Return No. 2008-T-2068 OTHER COUNTY NO.085648CIVIL And now: SEPTEMBER 30, 2008 at 9:25:00 AM served the within COMPLAINT upon ATX COMMUNICATIONS INC. by personally handing to NICOLE SWEIGART 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at C/O NATIONAL REGISTERED AGENTS INC. 600 N 2ND STREET HARRISBURG PA 17101 CUSTOMER REP. Sworn and subscribed to So Answers, before me this 30TH day of September, 2008 AT? NOTARIAL SEAL ARY JANE SNYDER,•Notary Publi Highspiwe Dauphin County LSMY Contaission ExpiresSeot 1 2010 Sheriff o' uhi Deputy Sheriff Deputy: M EMBREY Sheriffs Costs: $41.25 9/29/2008 ?~ Gates, Halbruner, Hatch & Guise, P.C. By: Lowell R. Gates, Esquire PA Attorney ID No. 46779 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 telephone (717) 731-9627 facsimile I.r.gates@gateslawfirm.com Attorneys for Plaintiff FILED-OFFICE OF THE PROTH0140TARY 2011 SEP -9 AM I I: 39 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ................. -........... ----------------------- -X LOWELL R. GATES, Plaintiff, CIVIL DIVISION - LAW NO. 2008-05648 CIVIL TERM V. JOHN M. PERZEL, AND MICHAEL A. KARP, AND ATX COMMUNICATIONS, INC., Defendant. ---------------------------------------------------- -X PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Lowell R. Gates, Esq. with the law firm of Gates, Halbruner, Hatch & Guise, P.C. as the attorney of record for Plaintiff, Lowell R. Gates. Respectfully submitted, GATES, HALBRUNER, HATCH & GUISE P.C. Date: September 8, 2011: By: Lowell R. Gates, Esq. FILED-OFFICE OF THE PROTHONOTARY Lowell R. Gates, Plaintiff, vs John M. Perzel, and Michael A. Karp, and ATX Communications, Inc., Defendants. 2011??08- AM 11: 39 Case t t1I'fLT .10 Ve'9NSYLVANIA Statement of Intention to Proceed To the Court: Plaintiff Lowell R. Gates Print Name Lowell R. Gates Date: 1/0 intends to proceed with the above captioned matter. Sign Name CY Attorney for ? Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govem the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901" Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. Davidq. ThwLT cProthonotary Office of the Prothonotary Cum6errand County, Pennsylvania 7rUS. Sohonage, fSQ SoCicitor DA — 5t4l8 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE—THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite100 • Car[i Ce, TA 0 Phone 717 240-6195 0 rTa;- 717 240-6573